Benzodiazepines and Other Targeted Substances Regulations

Marginal note:Definitions

• 1 (1) The definitions in this subsection apply in these Regulations.

  Act

  Act means the Controlled Drugs and Substances Act. (Loi)

  adult

  adult means an individual of 18 years of age or older. (adulte)

  advertisement

  advertisement, in respect of a targeted substance, includes any representation by any means for the purpose of promoting, directly or indirectly, the sale or other disposal of the targeted substance. (publicité)

  common-law partner

  common-law partner in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  Department

  Department means the Department of Health. (ministère)

  designated drug offence

  designated drug offence means

  • (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997;

  • (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997;

  • (c) an offence under Part I of the Act, except subsection 4(1); and

  • (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraphs (a) to (c). (infraction désignée en matière de drogue)

  emergency medical service vehicle

  emergency medical service vehicle means any conveyance authorized under the laws of a province to transport individuals to hospitals and on which emergency medical services are provided. (véhicule de service médical d’urgence)

  export permit

  export permit means a permit issued under section 43. (permis d’exportation)

  hospital

  hospital means a facility that

  • (a) is licensed, approved or designated as a hospital by a province under the laws of the province to provide health care or treatment to persons or animals; or

  • (b) is owned or operated by the government of Canada or of a province and that provides health services. (hôpital)

  import permit

  import permit means a permit issued under section 37. (permis d’importation)

  international obligation

  international obligation means an obligation relative to a targeted substance set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

  licensed dealer

  licensed dealer means the holder of a dealer’s licence issued under these Regulations. (distributeur autorisé)

  midwife

  midwife has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (sage-femme)

  nurse practitioner

  nurse practitioner has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (infirmier praticien)

  package

  package includes anything in which a targeted substance is wholly or partly contained, placed or packed. (emballage)

  pharmacist

  pharmacist means an individual who

  • (a) is registered or otherwise authorized under the laws of a province to practise pharmacy; and

  • (b) is practising pharmacy in that province. (pharmacien)

  podiatrist

  podiatrist has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (podiatre)

  prescription

  prescription means, in respect of a targeted substance, an authorization from a practitioner stating that a specific amount of the targeted substance may be sold or provided for the individual or animal under the practitioner’s care named in the authorization. (ordonnance)

  qualified person in charge

  qualified person in charge means the individual with the qualifications set out in subsection 19(2) who is responsible for supervising the activities carried out by a licensed dealer under a dealer’s licence at the premises specified in the licence. (personne qualifiée responsable)

  Security Directive

  Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

  specified name

  specified name means, in respect of a controlled substance included in Schedule 1,

  • (a) the name specified in column 1 of an item of Schedule 2, but, if only the chemical name is specified, means the chemical name specified in column 2 of that item; or

  • (b) if the controlled substance is not specified in Schedule 2, its chemical name and, if available, its common name. (nom spécifié)

  targeted substance

  targeted substance means

  • (a) a controlled substance included in Schedule 1, or a product or compound that contains the controlled substance; or

  • (b) in respect of a midwife, nurse practitioner or podiatrist, a controlled substance included in Schedule 1, or a product or compound that contains the controlled substance, that the midwife, nurse practitioner or podiatrist may prescribe, possess or conduct an activity with, in accordance with section 3 of the New Classes of Practitioners Regulations. (substance ciblée)

  test kit 

  test kit  means a kit

  • (a) that contains

    • (i) a targeted substance, and

    • (ii) a reagent system or buffering agent, or both;

  • (b) that is designed to be used during the course of a chemical or analytical procedure to test for the presence or quantity of a targeted substance for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and

  • (c) the contents of which are not intended or likely to be consumed by, or administered to, a human or an animal. (nécessaire d’essai)

  transhipment

  transhipment means, in respect of a targeted substance that has been unloaded or in any way removed from the means of transportation by which it came into Canada, its loading or placing on board or within or on the same or any other means of transportation used for its departure from Canada. (transbordement)

• Marginal note:Destruction of a targeted substance

  (2) For the purpose of these Regulations, a targeted substance is destroyed when it is altered or denatured to such an extent that its consumption is rendered impossible or improbable.